UK: Tackling abuse, implementing change: new immigration Asylum, and Nationality Bill published

Measures to strengthen UK borders and to prevent illegal working are at the heart of the Immigration, Asylum and Nationality Bill introduced in the House of Commons on 22 June 2005. The Bill is part of the on-going implementation of the Government's five- year strategy on immigration and asylum which will ensure strict immigration controls that work in the interests of the UK.

The Bill takes forward those elements of the strategy that require primary legislation and will include measures to:

• Allowing data sharing between border agencies as part of the transformation of our border control through the e-Borders programme Immigration Service, Police and HM Revenue & Customs will be able to access passenger information from carriers more easily, helping them identify individuals who may present a risk to security or immigration control.

• Supporting the global rollout of fingerprinting visa applicants by giving powers to Immigration Officers to verify identity against biometrics contained in travel documents.

• Introducing a new civil penalties scheme for employers introducing fines of up to £2,000 per illegal employee and a possible two-year custodial sentence and unlimited fine for those found knowingly to use or exploit illegal workers.

• Limiting rights of appeal for those refused entry to the UK to work or study and restricting rights of appeal in family visit cases to close family only, emphasising that entry to the UK for managed migration purposes is a privilege and not a right.

Immigration Minister Tony McNulty has stated that:

"Implementation of our five year strategy on immigration and asylum will deliver a system that is strictly controlled, fair and works in the economic interests of Britain.

"The Bill we are publishing today is part of on-going work to strengthen and modernise our borders using new technology, closer working between agencies and restricting the right of those refused entry to challenge a decision.

"At the same time we will ensure migration is managed to meet the UK's economic needs, while being robust against abuse. The new civil penalties scheme will help to ensure those people who benefit from the contribution migrant workers make also share responsibility for making our immigration system work effectively.

"We will also shortly be issuing a consultation paper on the options for the points based system announced in the five year plan, to provide a transparent mechanism for those coming here to work or study so people understand who is allowed into the country and why and that the system operates to the advantage of the UK."

A copy of the Bill can be found on the Home Office website at: www.homeoffice.gov.uk

This article was written for Law-Now, CMS Cameron McKenna's free online information service. To register for Law-Now, please go to www.law-now.com/law-now/mondaq

The original publication date for this article was 24/06/2005.